ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Ukraine's membership in WTO as an international-legal precondition of professional activities of foreign advocates on its territory

Ukraine's membership in WTO as an international-legal precondition of professional activities of foreign advocates on its territory

Pages: 136-143
Year: 2016
Location: Pravova Ednist Ltd

Review

The article examines the international legal prerequisites of the professional activities of foreign lawyers in Ukraine, due to globalization processes and its membership in the World Trade Organization.Based on actual transformational trends in international trading conditions, integration processes in the economic, political, cultural and other spheres of public life on the planet as a whole, the author examines the changing nature of international law on the universally recognized standards and rules aimed at removing obstacles to implementation legal practice out of state of getting appropriate professional status.Considering these changes in the light of the legislation of Ukraine and national legal doctrine, the author notes in the presence of certain essential features caused by the presence in the legal circulation of the term "legal aid" and its difference from the concept of "legal services" whose analysis is carried out on the basis of legal documents International character. The author argues that there is no objective legal or doctrinal grounds for denying that the legal aid of lawyers be called as the provision of services. Such a conclusion is equally important for both national legal systems and the international system of cross-border activities of lawyers.

Based on the analysis the author concludes that persons who have acquired the status of a lawyer in a member country of the WTO, may provide legal services in another member state of WTO through personal presence on its territory and the exercise of professional legal practice in compliance with international law and national legislation of the host country, hoping thus to use them and their services national treatment identical to that which applies to lawyers and their activities within the country.

The legislation of Ukraine, as is proved by the author does not set any limitations and barriers to professional activity by foreign lawyers on its territory in the same legal regime with national lawyers.

Keywords: World Trade Organization, General Agreement on Trade in Services, legal services, foreign lawyers, cross-border lawyer activity. 

Ukraine's membership in WTO as an international-legal precondition of professional activities of foreign advocates on its territory